EMPLOYMENT OF MINORS

Businesses in some industries rarely utilize minors as employees, but in
many other sectors, teenagers comprise a large component of the total work
force; indeed, some enterprises engaged in various retail, restaurant, and
other businesses rely on minors to a considerable degree. The primary
advantage associated with employing minors is that compensation is
far less costly than if the employer decided to hire adults as staff. But
employers should be aware of the various legal restrictions that state and
federal agencies have placed on the employment of minors, and they should
also be cognizant of the particular challenges and rewards that accompany
the decision to hire teenagers.

LEGAL CONSIDERATIONS

In addition to state laws, which have varying rules regarding child labor
and compulsory school attendance laws, employers should be familiar with
the federal government's Fair Labor Standards Act (FLSA). The rules
in the FLSA differ from individual states in some respects; in cases where
differences exist, the stricter law prevails.

Ignorance of state and federal child labor laws will not save employers
from fines, some of which can be quite substantial. "Many companies
have discovered that there are two sides to the child labor issue,"
wrote Steven Slutsky in
Journal of Business Strategy.
"On the one hand, minors can be a cost-effective and flexible
supplement to your core work force. But on the other hand, the penalties
for violating the child labor laws can be steep." Indeed, the U.S.
Department of Labor (DOL) imposes fines of up to $10,000 per minor on
those businesses that violate the child labor provisions detailed in the
FLSA, and in the mid-1990s the DOL upped the stakes for employers who
flout or remain ignorant of American child labor law by adding fines of
$10,000 per
infraction
—not per minor—and eliminating the cap on the total amount
of fines that could be imposed. These latter measures were taken for the
purpose of punishing employers whose violations contributed to the death
or significant injury of a minor.

Slutsky admitted that the likelihood of an employer being singled out by
the Department of Labor for a random compliance audit is remote unless the
company is active in a high-risk industry. "But don't assume
that the DOL won't find out about child labor law
violations," he warned. "Word usually gets back to the
agency in the form of complaints from underage employees or their parents
or even unions. The publicity factor is involved here as well, since
violations that result in injuries or death often are picked up by the
media."

Small business owners, then, should make sure that they—and their
supervisory personnel, if any—are fully aware of what minor
employees are permitted to do. First, it is important to recognize that
employees can basically be broken down into three age groups: workers who
are 18 years old or older, and thus regarded as adults in the eyes of the
law; youngsters who are 16 or 17 years old; and minors who are 14 or 15
years old (employment of children under the age of 14 is severely
restricted, although parents who employ their children enjoy greater
leeway).

RESTRICTIONS ON MINORS UNDER AGE 18
According to the Department of Labor, minors under the age of 18 are not
allowed to perform jobs that the department has classified as detrimental
to their physical safety, mental safety, and health. These restrictions
forbid minors from operating (or setting up, repairing, adjusting, or
cleaning) any power-driven machines, including woodworking machinery,
metal forming machines, punching and shearing machines, paper products
machines, circular and band saws, bakery machines, meat-processing
equipment, or hoisting apparatus (forklifts, cranes, derricks, freight
elevators). In addition, minors are prohibited from engaging in the
following activities at their place of employment:

Operating motor vehicles or assisting as out-side help on those vehicles

Working in any capacity on roofing, wrecking, or demolition jobs

Working in mining operations, unless in office, maintenance, or repair
capacities away from the mine site

Working in areas where explosives (fireworks, dynamite, ammunition,
etc.) are manufactured or stored

Working in logging or sawmilling operations

Assisting in the manufacture of brick, tile, and kindred products

Working at tasks that require exposure to radioactive substances

Undertaking excavation work (exceptions are made for manual excavation
in trenches and building excavations, provided the dig does not exceed
four feet in depth)

It should be noted that exceptions to some of these rules may be made for
minors who are participating in recognized apprenticeship programs. On a
practical basis, however, these restrictions mean that minors are of
limited use in non-office settings to businesses engaged in construction,
manufacturing, and the like. Still, manufacturers and construction firms
do maintain staff devoted to clerical work and custodial duties, and minor
employees may be suitable for these slots. The above restrictions
generally have little impact on businesses looking for cashiers,
salespersons, stocking personnel, and other positions that do not require
handling of motor-driven equipment.

RESTRICTIONS ON MINORS AGE 14 AND 15
Additional restrictions have been put in place by both federal and state
agencies concerning the employment of 14-and 15-year-old minors.
"The environment in which 14-year-olds and 15-year-olds do their
work also plays an important role in determining whether the duties are
permissible," cautioned Slutsky. "For example, although
workers in this age group may clean, wrap, seal, label, weigh, price, and
stock produce, they can't perform these tasks in a freezer. And
while they may assemble, pack, and shelve merchandise—as can
16-year-olds and 17-year-olds—they can't do it in a
warehouse or rooms where manufacturing and processing work takes
place." Moreover, owners of construction and transportation
companies should be aware that minors under age 16 may not perform any
kind of work (including office work) on the construction site or
transportation medium. Other areas in which 14-and 15-year-olds are
restricted from working include boiler/engine rooms, meat coolers, and
places where products are being loaded or unloaded from conveyors or
railroad cars.

In addition, 14-and 15-year-old teens are not allowed to work before 7:00
a.m. and after 7:00 pm during the school year. They are also not permitted
to work during school hours. Finally, these minors may only work certain
numbers of hours. During periods of the year when school is in session,
14-and 15-year-old minors may work no more than three hours a day on
school days, no more than 18 hours total a week, no more than eight hours
a day on non-school days, and no more than 40 hours total during weeks in
which school is not in session (summer, vacation breaks).

USING MINORS EFFECTIVELY

Small business owners and employment analysts agree that the key to
securing skilled and motivated minors as employees lies at the very
beginning, with the application and interview. Remarkably, some employers
tend to lump teen employees together into one indistinguishable mass, but
in reality, dramatic differences exist within this demographic group (and
all other demographic groups, for that matter) in such areas as
punctuality, honesty, ambition, talent, intelligence, and all-around
quality. In order to find topnotch minor employees, small business owners
are encouraged to pay close attention to the information provided in the
job application form. Are the students high academic achievers in high
school? Do they participate in extracurricular activities? Do they provide
good references, such as former employers or school
teachers/administrators?

In addition, employers should take the time to conduct a thorough
interview with minor applicants, even if it is for a part-time entry level
position. Every employee plays a part in shaping company culture, and if
the new hire has a bad attitude, it has the potential to influence other
employees. This is particularly true for businesses that have a
significant number of minor employees. For example, an employer who hires
a minor for a floor sales position only to discover that the new hire has
a previously undetected predilection for emotionally distant,
"cool" behavior may find other emotionally
malleable—and previously customer-friendly—staffers adopting
some of the same mannerisms.

Employers who hire minors also need to recognize that, as Bess Ritter May
said in
Supervision,
"adolescence is a transitional period. Those who are in this age
group are forming their personalities and identities." This
sometimes awkward period of development will likely manifest itself in all
phases of the teen's life—including work. But while
employers may experience some frustration dealing with teens who are
buffeted by school, societal, and peer pressures, they can take comfort in
the fact "that it's easy to train these kids since they have
little or no prior work experience and have consequently acquired little
or no work-related bad habits," said May. "Most intelligent
youngsters can also be instructed quickly concerning specific business
systems and procedures, pick up and remember new things easily and have
few or no preconceived ideas concerning how specific workplace tasks
should be handled. Such aptitudes have surprised and astonished many
supervisors." Observers also note that younger people often have
considerable aptitude for office work that is done on computers, since a
much greater emphasis is placed on that area in today's school
environment.

Minor employees may require closer supervision than other employees.
Often, they are unfamiliar with various facets of the workplace, and they
may be so intimidated that they will be reluctant to ask questions about
issues or tasks that they do not fully understand. Employers should
anticipate this and 1) fully explain projects and tasks, and 2) maintain a
work environment that is clearly receptive to their questions. In
addition, employers should adopt a firm, but positive and constructive
manner in various areas of training. This includes communication that may
be necessary to correct errors. Adopting a tactful, reasonable, but firm
approach in such instances is important, wrote May, because
"adolescents who are starting out on their first or second jobs are
often more sensitive to corrections concerning their work by those who are
older and (presumably) wiser. Such youngsters do not always understand
that it is only their skills that are being faulted and not their innate
characters and consequently are often very defensive."

Small business owners who employ minors should also consider giving their
top workers opportunities to show their abilities. Young employees are
fully capable of contributing to your business's success
in ways other than filing paperwork or sweeping floors, and they
sometimes develop into valued employees after reaching adulthood.

Finally, employers should at all times remain cognizant of the importance
of adhering to state and federal laws. "Conduct periodic check-ups
of your compliance with child labor law," Slutsky counseled
business owners. "Be sure to keep your managers up to date on the
child labor issue. Make sure they are not hiring new employees without
obtaining proper age documentation, and then key them into which employers
are minors and what type of job duties they may perform. After all, it
won't do your company much good if you are well-versed in the laws,
but the managers who directly oversee workers are unaware of the
requirements." In addition, small business experts recommend that
owners (or knowledgeable managers) establish a regular practice of
reviewing underage employees' schedules to catch violations before
they occur.